Lack of sufficient admissible evidence is perhaps the most common reason why accident victims lose their claims, both in court and at the settlement table. As the claimant, the burden of proof is on you, which means that the defendant wins unless you present enough evidence to establish his liability. Although the Kentucky Rules of Evidence is full of complex rules that restrict the evidence you can submit, a top personal injury lawyer will know the rules by heart.

The “Preponderance of Evidence” Standard

It is much easier to win a civil lawsuit than to win a criminal conviction. In a criminal case, the standard of proof is “beyond a reasonable doubt”; while in a personal injury lawsuit the typical standard is “a preponderance of the evidence.” In plain English, this means just enough evidence to prove that each element of your claim is more likely than not to be present – 50.1 percent likely, for example.

The Rules of Evidence are Tricky

The Kentucky Rules of Evidence can be quite counterintuitive to the uninitiated. Suppose, for example, that you claim that a truck driver’s faulty truck maintenance caused the accident. You cannot use the fact that the truck driver later repaired the condition as evidence that it was dangerous to begin with. The reason for this rule is that the state does not wish to discourage people from repairing dangerous conditions by using it against them in court.

Some Examples of Strong Evidence

Most strong evidence comes in three forms: documentation, audiovisual media and witnesses. Below is a list of common forms of evidence used to prove car accident claims:

• a copy of the police report
• photographs of the accident scene
• testimony of eyewitnesses
• police testimony
• medical bills (to prove damages)
• testimony from your doctor or another healthcare professional (to estimate your future medical expenses)
• employment records (to prove lost wages)
• testimony from your doctor
• receipts and invoices for any accident-related expenditures that you have incurred
• a commercial truck’s “black box”, which contains data similar to a commercial jet’s black box
  testimony of an accident reconstruction specialist

Many other types of evidence may be useful, depending on the specific facts of your case.

The Truth Only Matters If You Can Prove It.

Kentucky car accident claims don’t enforce themselves – they must be fought for. Let us do the fighting for you. If you have been injured in a car accident that was at least partially someone else’s fault, contact Glenn Martin Hammond Law Office, PLLC at (866) 448-7777; otherwise, contact us online so that we can schedule you a free, confidential consultation.

If you can’t come to us, we can come to you wherever you are. And remember – you only pay us if we win your case. We serve clients throughout Lexington, Kentucky.